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HomeMy WebLinkAboutCOM 1050.000 1996-1998 ? V a, °William G. Davis Managing Director Stephen K. Yamashiro •i• Mayor Henry Cho .....r~. Deputy Managing Director w I - (911untV of ophluKii 25 Aupuni Street, Room 215 • Hilo, Hawaii 96720-4252 • (808) 961-8211 Fax (808) 961-6553 KONA: 75-5706 Kuakini Highway, Suite 103 • Kailua-Kona, Hawaii 96740 (808) 329-5226 • Fax (808) 326-5663 October 26, 1998 Honorable James Y. Arakaki, Chairman and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Arakaki and Members: Change of Zone Application (REZ 98-17) Applicant: Dianne Jamieson-Feeney Request: A-40a to A-5a Tax Map Key: 64-2:3 State Land Use Boundary Amendment Application (SLU 98-6) Request: Agricultural to Urban Change of Zone Application (REZ 98-22) Request: A-5a to RS-10 and CV-7.5 Applicant: Parker Ranch, Inc. Tax Map Key: 6-4-01:Portion of 42 Change of Zone Application (REZ 98-20) Applicant: Mr. and Mrs. James William Cardin Request: A-20a to FA-3a Tax Map Key: 7-3-25:15 ? Change of Zone Application (REZ 98-21) Applicant: Mr. Kenneth K. Leong Request: A-5a to FA-la Tax Map Key: 7-4-4:33 Comm. No. IOSdQ ilie No. B.ef. OCT 7 19991 Rat. Date~- Honorable James Y. Arakaki, Chairman and Members of the County Council Page 2 October 26, 1998 Change of Zone Application (REZ 98-15) Request: Open to Project District Applicant: Kaupulehu Developments Tax M Key: 7-2-3 7 Portion of 1 As required by Chapter 4, Sec. 5-4.3(C), Hawaii County Charter, transmitted herewith for the County Council's consideration and action are the Planning Commission's letters and enclosures regarding the above-referenced requests. Sincerely, phen K Y ashiro 4L Mayor Enclosures cc: Planning Department .0 VW, u Stephen K. Yamashiro Mayor efQ'.\\ fl~uixnfg a C,-- t PLANNING COMMISSION 25 Aupuni Street, Raom 109 • Hilo, Hawaii %720.1252 (808) 961.8288 Fax (808) %1•%15 OCT 2 6 1998 Honorable James Y. Arakaki, Chairman and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Arakaki and Members: Change of Zone Application (REZ 98-21) Applicant: Mr. Kenneth K. Leong Request: A-5a to FA-la Tax Map Key: 7-4-4:33 The Planning Commission, after a duly held public hearing on October 16, 1998, voted to recommend for your approval the proposed legislative bill to change the district classification for approximately 4.201 acres of land from Agricultural (A-5a) to Family Agricultural (FA-la). The property is located on the west (makai) side of Mamalahoa Highway approximately 0.7 mile south of the Mamalahoa Highway-Palani Road intersection at Kealakehe Homesteads, First Series, Kealakehe, North Kona, Hawaii. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the change of zone: In order to consider an area for any type of zoning designation, the applicable goals, policies and standards of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve quality growth determined by the General Plan and related planning documents. The implications of these evaluations and decisions must also be considered as they may have an impact on other similar areas in the County. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 2 The proposed Change of Zone from an Agricultural (A-5a) to Family Agricultural (FA-la) zoned district would conform to the following goals, policies and standards of the Land Use and Agriculture Elements of the General Plan: o Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural and physical environments of the County. o Protect and encourage the intensive utilization of the County's limited prime agricultural lands. o The County shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. o Zoning requests shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibility with adjacent zoned uses, availability of public services and utilities, access, and public need. o The compatibility of agricultural and non-agricultural uses should be carefully reviewed and where appropriate, buffers required. o Rural-style residential-agricultural developments, such as new small-scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations. o The county shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. o Agricultural land shall be used as one form of open space or green belt. While the potential for agricultural uses may exist, the project site soils are Kona extremely rocky muck (rKYD). The Kona Series consists of well drained, thin organic soils over pahoehoe lava bedrock. In a representative profile, the surface layer is very dark brown muck about 5 inches thick. It is underlain by pahoehoe lava bedrock. The surface layer is slightly acid. Permeability is rapid in the soil, and the water moves rapidly through the cracks of the lava. Runoff is medium, and the erosion hazard is slight. Roots are matted over the bedrock or extend a few feet into the cracks. The soil is mostly used for pasture and watershed. Small areas are used for Honorable James Y. Arakaki, Chairman and Members of the County Council Page 3 coffee and macadamia nuts. Soils within the subject property have been classified as "C" (Fair) for agricultural productivity by the Land Study Bureau's Detailed Land Classification System. Finally, soils within the subject property is unclassified by the ALISH system. The requested FA-la zoning will encourage agricultural activities or the presentation of the lands within the proposed subdivision in a manner consistent with the "Orchard" designation by the General Plan LUPAG Map. These are lands which though rocky in character and content support productive macadamia nuts, papaya, citrus and other similar agricultural products. The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals, policies, standards and courses of action to guide the coordinated growth and development of the County. It reflects a graphic depiction of the physical relationships among the various land uses. The LUPAG Map establishes the basic urban and non-urban land use pattern for areas within the County. The requested zone change conforms to the LUPAG Map, which designates the area for Orchards. The property presently is used for a variety of agricultural products such as coffee, white pineapple, mango, guava, avocado, papaya, peach, lemon, tangerine, noni and banana crops. The applicant's proposal to subdivide the subject property into three parcels of approximately 1.35 to 1.50 acre in size is consistent with the land use designation. The smaller one acre lot size will provide opportunities for residents who wish to pursue limited agricultural activities, but are not able to commit to the financial or labor demands placed on them by the larger 5-acre parcels. The Land Study Bureau's Soil Rating for the subject property is "Class C" or "Fair. " The Agricultural Lands of Importance to the State of Hawaii (ALISH) Map classifies the property as "Unclassified." The primary reason for this request is to subdivide the subject property into three (3) lots for the family of the applicant. The lands will continue to be used for the cultivation of crops. Therefore, the reclassification of this 4.20-acre parcel from Agricultural-5 acre (A-5a) zoned district will not be detrimental to the area. The requested change of zone would be in conformance with the intent and purpose of the State Land Use Law. A condition of this approval recommendation will require the applicant to comply with the requirements of the State Land Use Law and the Zoning Code. The property has no severe topographic or geologic problems which cannot be properly rectified or which would render the land unusable for the proposed agricultural use. Lands surrounding the subject property are zoned Agricultural (A-5a and A-la). The property has been improved with the existing dwelling, agricultural and landscaping improvements. There are no known historic, archaeological or Honorable James Y. Arakaki, Chairman and Members of the County Council Page 4 cultural features on the site and no rare, threatened, or endangered species of either flora or fauna. Water for the proposed project can be made available from a 12-inch waterline. All other essential utilities and services can or will be made available to the subject development. All access improvements shall comply with the Department of Public Works requirements. A condition of approval is being included to ensure that these infrastructural improvements are installed. Based on the foregoing, the approval of the Change of Zone request from an Agricultural (A-5a) to Family Agricultural (FA-la) zoned district would result in an appropriate land use pattern that will further benefit the general public. For your favorable consideration, an amendment to Section 25-8-3, the North Kona Zone Map, of the County Zoning Code is transmitted. We are enclosing a copy of the application and a copy of the staff background for your information. Sincerely, Kevin M. Balog, Chairman Planning Commission LLeong02.PC Enclosures cc: Mr. Gregory R. Mooers Mr. Kenneth K. Leong Department of Public Works Department of Water Supply West Hawaii Office Department of Land & Natural Resources Kazu Hayashida, Director/DOT-Highways, Honolulu B LeongO l . enun/rhy-08\27\98 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT KENNETH K.LEONG CHANCE OF ONE APPLICATION NO (REZ 98-21) KENNETH K. LEONG, has submitted an application for a Change of Zone by changing the district classification from Agricultural (A-5a) to Family Agricultural (FA-la) for approximately 4.201 acres of land. The property is located on the west (makai) side of Mamalahoa Highway approximately 0.7 mile south of the Mamalahoa Highway-Palani Road intersection at Kealakehe Homesteads First Series, Kealakehe, North Kona, Hawaii, TMK: 7-4-4:33. GENERAL INFORMATION 1. Land Ownership: Kenneth K. Leong as Trustee of the Kenneth K. Leong Revocable Trust, Jo Ann Beyer, Jerry Lin Jaruquin and Lee Ann L. Trujillo are the fee owners of the subject property. PROPOSED DEVELOPMENT 2. Request: The applicants are requesting a Family Agricultural-1 acre (FA-la) zoned designation in order to subdivide the subject property into a total of three lots in sizes ranging from 1.35 to 1.50 acres. 3. Objectives: "The applicant recently lost his wife and as part of his estate planning is desiring to create agricultural lots for his children. It is the goal of this petitioner to change the zone of the property to FA-la and give each of his children an opportunity to live in Kona and provide subsistence to their families with gardens and to supplement their income with small agricultural project such as orchards." 4. Supportive Information: The applicants have submitted the following in support of the request: (See Exhibit A - Change of Zone Application dated July 8, 1998) STATE and COUNTY PLANS 5. SLUC: Agricultural. 6. General Plan Land Use Pattern Allocation Guide (LUPAG) Map: The area is ATTACH. C-1050 (B-331) designated Orchard. These are lands which though rocky in character and content support productive macadamia nuts, papaya, citrus and other similar agricultural products. 7. General Plan Consistency: Economic, Agricultural, Housing, Land Use Residential Elements goals, policies and courses of action for North Kona. 8. Hawaii State Plan Consistency: Economy, Socio-Cultural Advancement (Housing) objectives and policies. 9. County Zoning: The property is currently zoned Agricultural - 5 acres (A-5a). 10. SMA: The subject property is not situated within the Special Management Area (SMA). DESCRIPTION OF SUBJECT PROPERTY AND SURROUNDING AREA 11. Property: The 4.201 acre parcel is a rectangular-shaped lot. The property has been grubbed. There is one house presently on the property. 12. U.S.D.A. Soil Type: The soils within the project area are classified by the U.S. Department of Agriculture, Soil Conservation Service, as Kona extremely rocky muck (rKYD). The Kona Series consists of well drained, thin organic soils over pahoehoe lava bedrock. In a representative profile, the surface layer is very dark brown muck about 5 inches thick. It is underlain by pahoehoe lava bedrock. The surface layer is slightly acid. Permeability is rapid in the soil, and the water moves rapidly through the cracks of the lava. Runoff is medium, and the erosion hazard is slight. Roots are matted over the bedrock or extend a few feet into the cracks. The soil is mostly used for pasture and watershed. Small areas are used for coffee and macadamia nuts. 13. ALISH System: The property is "Unclassified " on the State Department of Agriculture's, Agricultural Lands of Importance to the State of Hawaii (ALISH) Map. 14. Land Study Bureau's Detailed Land Classification System: Soils within the subject property are classified as "C" or "Fair" for agricultural productivity by the Land Study Bureau. 15. Archaeological Resources: The property has been improved with the existing -2- dwelling, agricultural and landscaping improvements. According the applicant's report, there are no known historic, archaeological or cultural features on the site. There is no record in either the National or Hawaii Register of any sites on the property. 16. Flora and Fauna: Botanical Surveys conducted an inspection of the property and states that the vegetation covering the parcel is mostly entirely alien. The only small animal seen was the small bird Zosterops japonical (Japanese white eye). There were no rare, threatened, or endangered species of either flora or fauna. 17. FIRM: The subject property is located within Zone X, area determined to be outside the 500-year flood plain. 18. Surrounding Zoning/Land Uses: The surrounding area consists of a mixture of single-family residences and vacant lots. The zoning pattern in the vicinity is a mixture of Agricultural-1 acre (A-la) and Agricultural-5 acre (A-5). PUBLIC FACILITIES AND SERVICES 19. Access: Access to the site is off Mamalahoa Highway. Mamalahoa Highway is a two- lane County roadway which has a pavement width of 20 feet within a 40-foot right-of- way. 20. Wastewater System: The applicant proposes to use individual wastewater treatment systems meeting with the approval of the Department of Health for each of the newly created lots. 21. Utilities: Water, electrical and telephone service are available to the property. AGENCIES' COMMENTS 22. Police Department (August 14, 1998 Memo): "We have reviewed the above-referenced application and do not believe the request will negatively impact traffic safety or police services in the area." 23. Fire Department (August 10, 1998 Memo): "We have no comments on the above-referenced Change of Zone Application." Fire Department (August 27, 1998 Memo): -3- "We have no comments on the above-referenced Change of Zone Application." 24. Real Property Tax Office (August 12, 1998 Memo): "Property receiving agricultural use value. "Possible rollback taxes. "The portion of the parcel receiving agricultural use value is subject to rollback tax plus 1-% penalty from 1994, upon subdivision. "Current Real Property taxes are paid through June 30, 1998. Applicant's Response (August 31, 1998 Letter): "Your letter of August 27, 1998 transmitted the comments from the Real Property Tax Division on the application described above. I offer the following response. "Mr. Leong has been receiving agricultural use value on approximately 0.75 acre of the entire parcel since 1994. I understand that upon subdivision there will be rollback tax and penalty imposed on that portion of the subject property. I also understand that the remainder of the property will not be affected by these rollback taxes. "I think it is unfortunate that the proposed action, that will actually increase the agricultural use of the property, automatically triggers a penalty on the applicant. I also understand that this part of the Finance Department Rules and that there is not appeal from this assessment. "If you or your staff require additional information or have any questions, please contact me directly. Thank you for your prompt review of this application." 25. Department of Health (August 7, 1998 Memo): "The Health Department found no environmental health concerns with regulatory implications in the submittals." 26. Department of Transportation ( September 1, 1998): "Thank you for the opportunity to review and comment on the request for Change of Zone Application. "The requested zone change is not expected to have any significant impact on our State transportation facilities." 27. Department of Land and Natural Resources, Historic Preservation Division (August 28, 1998 Letter): -4- "This is in response to your Memo of August 6, 1998 with a request for our comments on the subject application. "We have no record of historic sites on the subject parcel. The application notes that the 4.201 acre parcel has a home on it and that.parts of it have been grubbed in the past for agricultural purposes. This information suggests to us that there is a low probability of historic sites still existing on the property. We believe that the proposed development of the parcel will have `no effect' on significant historic sites. 28. Department of Land and Natural Resources, Land Division (September 10, 1998 Letter): "Thank you for the opportunity to review and comment on the subject Change of Zone application. "The Department of Land and Natural Resources has no comment to offer on the proposed project at this time. 29. Department of Water Supply: (See Exhibit B - September 1, 1998 Memo) AGENCIES- NO RESPONSE 30. Department of Public Works, Land Use Commission and HELCO PUBLIC COMMENTS 31. The Department has not received any comments or objections from the general public or adjacent landowners on the subject request. -5- "This is in response to your Memo of August 6, 1998 with a request for our comments on the subject application. "We have no record of historic sites on the subject parcel. The application notes that the 4.201 acre parcel has a home on it and that parts of it have been grubbed in the past for agricultural purposes. This information suggests to us that there is a low probability of historic sites still existing on the property. We believe that the proposed development of the parcel will have `no effect' on significant historic sites. 28. Department of Land and Natural Resources, Land Division (September 10, 1998 Letter): "Thank you for the opportunity to review and comment on the subject Change of Zone application. "The Department of Land and Natural Resources has no comment to offer on the proposed project at this time. 29. Department of Water Supply: (See Exhibit B - September 1, 1998 Memo) 30. Department of Public Works: (See Exhibit C - September 30, 1998 Memo) AGENCIES- NO RESPONSE 31. Department of Public Works, Land Use Commission and HELCO PUBLIC COMMENTS 32. The Department has not received any comments or objections from the general public or adjacent landowners on the subject request. -5- ~OUNTY OF HAWAII L,UNNING DEPARTMENT CHANGE OF ZONE APPLICATION , - ` (Type or legibly print the requested information) 1 APPLICANT: Kenneth K. Leong APPLICANT'S SIGNATURE-: DATE: 7/8198 ADDRESS:_ P.O. eon 4830 Kai.tua-Kona, Hawaii 96740 LIST APPLICANT'S INTEREST IF NOT OWNER: LIST PR114CIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: PHONE:(Bus.) (Res.)~e (Fax) LANDOWNER(S): Kenneth K. Leong X d U.r/ l LANDOWNER SIGNATURE(S): ( DATE: 7/B/ g LANDOWNER(S) ADDRESS: same as abov¢ May be by eiurl REQUEST: Agricultural 5-acre (A-5a) TO Tamily 42riculturrt t_Mrrn tve_~1 (Iiuisung zonlna) (Proposed Zoning) TAX MAP KEY: (3) 7-4-04:33 STREET ADDRESS OF PROPERTY: SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 4.201 acres AGENT: Gr?HVrY R. moues- Mnarrc urrrn=jpa6 ADDRESS: - P.O. Box 1101 Kamuela. Hawait 96747 TELEPHONE:(Bus•) 8115-6839 (Res.) 885-7i26 (Pax) 805-1574 Please Indicate to whom original correspondence and copies should be sent. ORIGINAL: Kenneth i.eung COPIES: Gregory R. rsooora (Sce Instructions on Revctse Side) ATTACT?- ENT Agricultural Rezoning PLANNING DEPARTMENT COUNTY OF HAWAII APPLICATION FOR CHANGE OF ZONE 1. If your request is approved, do you intend to subdivide the subject land in accordance with the approved change of zone? yp~ If yes, please answer the rest of question 1 and then to question 3. a. How many acres of the requested area do you intend to subdivide? 4.201 acres b. Into what lot sizes? 1.35 acres,1.35 acres, 1 sn acres c. If your request is approved, approximately how long after the date of approval do you expect to submit your subdivision plans to the Planning Department for preliminary approval? Z,,,-.rhs d. Do you intend to build houses on the newly created lots? Not the applicant The applicant s-Taughter If es, please answer the following questions: On how many of those lots? 2 At what approximate price range? House Not for sale. Lot Total Approximately how long, after approval of the subdivision, would the first house be available for occupancy? If you intend to subdivide, please submit a preliminary schematic subdivision plan together with your change of zone application form. 2. If you have no firm plans of subdividing the subject area, do you intend to: a. Sell or lease the land to someone who has firm plans? b. Sell or lease the land to someone who has tentative plans? c. Sell or lease the land to someone who has no plans? d. Keep it? e. Other (please state) P.D. 2 5/84 f. If you intend t~ either a, b, c, please elab, _e on the kind of plans the other party has. Please, also, include in your answer approximately how soon after approval of your rezoning do you expect to transfer the subject land to another party. 3. Do you think that your request and your further plans for the land will alleviate the local housing situation? Yes How? The proposed action will provide housing opportunities for the applicant's three daughters and their families. 4. Are there any buildings on the subject area? Yes If so, what kind? The applicant's home and garage. What do you intend to do with those buildings if your request is approved? The home will remain. 5. Is the subject land currently being used for any agricultural activity? yes If so, please list the kinds of products grown and on how many square feet or acres of land per product. The applicant has a variety of fruit trees and other crops on site for his personal use. Presently there are pineapple, ti leaves, banana and ginger under cultivation. 6. Was your request to allow for the creation of smaller agricultural lots? Yes If so, did your plan include 'the following considerations? a. Commodity to be produced? - Yes What kinds of commodity? b. Suitablility of the proposed lot-size for that commodity? Yes- c. Sufficient farm size to allow reasonable chance of success in commercial agriculture? Yes -2- d. Agricultural lea, or other forms of assurance potential buvers or leases would put the subject area into some form of agricultural use? No Please state the proposed type of arrangement. Please submit your agricultural plans for the subject area and present evidence of consideration of the above requirements together with your request for a change of zone. If you do not intend to subdivide the subject land for some sort of agricultural purpose, please state your other reasons. 7. To your knowledge, has there been any flooding and/or drainage problem on the subject area? No If so, please describe the problem. 8. Do you think that the roads leading to the subject area needs improvements? No If so, what kind? Is the road adequate for the proposed traffic volume or load? Yes 9. What sort of governmental assistance and/or improvements do you feel will be needed in the subject area when developed? Yes No a. Schools % b. Roads % c. Sewer % d. Drainage % -3- Yam No e. Police Protection x L_ Fire Protection x g. Recreational Facilities x h. Public Utilities x 1. Other x For those checked "yes," please elaborate what type or kinds of inprovimencs and/or assistance are needed. //J~ Signature: / 9t E-l Address: 683S W Nyberg Rd. # H104, Tualatin, OR 97062 Telephone (503) 612-4333 Date: 7/12/98 Signature: Address: 1298 Al a amoe 5t, onolulu, HI 96819 Telephone: (808) 8-4-5256 Date: 7/9/98 Signature: J~ ~0 Address: p. 0. Box 4830, Kailua-Kona, HI 96740 Telephone: (808) 329-4041 Date: 7/9/98 Signature: -%r 000 Address: P•0. sox 4a30 Kailua-Kona, Havsi 96740 Telephonet 329-4041 Datat July a, 1998 COUNTY BACKGROUND AND ENVIRONMENTAL REPORT APPLICATION FOR CHANGE OF ZONE Agricultural 5 acres (A-5a) to Family Agricultural ]-acres (FA-1a) APPLICANT: Kenneth K. Leong, et al. TAX MAP KEY: (3) 7-4-)4:33 Kealakehe Homesteads, North Kona, Hawaii A. SUBJECT REQUEST 1. Details of Proposed Use/Development: a. Project Description: The subject property is a 4.201 acre parcel on the makai (west) side of the Mamalahoa Highway in Kealakehe Homesteads, North Kona. The parcel is a narrow rectangular shape with slopes of 5-15% from the highway down to the lower portions of the property. The applicant proposes to re-zone and subdivide this parcel into three parcels relatively square in shape and all accessing off of the highway at the existing access point. The applicant's home is presently located on the parcel in the area proposed to be lot 1-A. The site has been grubbed periodically and the applicant has been growing a variety of fruit trees and ornamental plants in the mauka reaches of the property. Please see the plant list attached to this application. b. Statement of objectives and reasons for the request: The applicant recently lost his wife and as part of his estate planning is desiring to create agricultural lots for his children. It is the goal of this petitioner to change the zone of the property to FA-la and give each of his children an opportunity to live in Kona and provide subsistence to their families with gardens and to supplement their income with small agricultural projects such as orchards. c. Number of acres: 4.201 acres are covered by this request. d. Proposed uniW1ots/f7oor area of proposed building envelope: The applicant proposes to create three 1.35 acre to 1.50 acre parcels and give them to his daughters as homestead lots. e. Time frame and cost: The applicant is proposing to develop the agricultural lots as soon as the zoning amendment is granted. The required infrastructure is relatively modest as joint access will be utilized and water service will be provided along the highway frontage of the lots. Each new lot will be developed by the daughters in their own time-frame as their financial condition and employment opportunities allow. f Membership size/number of employees and clientele: These lots will not be marketed, they will be given to the applicants three daughters. g. Parking arrangement: Parking for the lots created will be on each site as required by the Zoning Code. h. Traffic Impacts: The applicant believes that the traffic generated by the proposed two additional agricultural lots will be minimal as one daughter presently lives with the applicant on-site and the two additional lots will be developed over a period of a few years. Traffic generated by these two additional agricultural lots should have a minimal impact on Mamalahoa Highway. i. Other related information: The present access to this site on Mamalahoa Highway has been used by the applicant to access his home for many years. The access is paved with concrete and this access point is located within the area shown as the access for the new lots on the rezoning exhibit. j. Proposed on-site and off-site infrastructure: The applicant does not propose any off-site infrastructure improvements. The access and water system improvements are proposed to be developed to County standards as required by the subdivision code. B. CONFORMANCE WITH STATE AND COUNTY PLANS 2. State Land Use Designation: Agricultural 3. Applicable goals/policies and objectives of the General Plan: The proposed amendments to the zoning ordinance comply with the following goals, policies and objectives of the Economic Element of the General Plan. ECONOMIC GOALS o Provide residents with opportunities to improve their quality of life. o Economic development and improvement shall be in balance with the physical and social environments of the island of Hawaii. o The County of Hawaii shall strive for diversity and stability in its economic system. o The County shall provide an economic environment which allows new, expanded, or improved economic opportunities that are compatible with the County's natural and social environment. POLICIES o The County of Hawaii shall assist the expansion of the agricultural industry, especially diversified agriculture, through the protection of important agricultural lands, capital improvements and other programs, and continued cooperation with appropriate State and Federal agencies. o The County of Hawaii shall strive for an economic climate which provides its residents an opportunityfor choice'of occupation. o The County of Hawaii's land, water, air, sea, and people shall be considered as essential economic resources for present and future generations and should be protected and enhanced through the use of economic incentives. o The County shall strive for full employment. o The County shall identify and encourage primary industries that are consistent with the social, physical, and economic goals of the residents of the County. The proposed amendments to the zoning ordinance comply with the following goals, policies and objectives of the Land Use Element of the General Plan. LAND USE Through the careful analysis and examination of past and present situations, the following goals, policies, and standards are set forth to physically plan the lands in the County in the best interest of the island's residents. GOALS o Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural, and physical environments of the County. o Protect and encourage the intensive utilization of the County's important agricultural lands. POLICIES o Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. o The county shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. STANDARDS o Zoning requests shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibility with adjacent zoned uses, availability of public services and utilities, access, and public need. (I) AGRICULTURE The following goals and policies are intended to address some of the land related problems of agriculture and are to be consistent with and supportive of the overall land use element. GOALS 0 Identify, protect and maintain important agricultural lands on the island of Hawaii. POLICIES o Zoning shall protect and maintain important agricultural lands from urban encroachment. New approaches to preserve important agricultural land shall be implemented by the County. o The County shall assist in the development of basic resources such as water, roads, transportation and distribution facilities for the agricultural industry. o The County shall coordinate and encourage efforts to solve the problems of the agricultural industry in the County of Hawaii. o Rural-style residential-agricultural developments, such as new small-scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations. o The County shall develop subdivision standards which make a distinction between agricultural and urban land uses. 4. General Plan Designation: Orchards - "Those agricultural lands which though rocky in character and content support productive macadamia nuts, papaya, citrus and other similar agricultural products." 5. Zoning: Agricultural 5-acre (A-5a) 6. Community Development Plan: The Kona Regional Plan Land Use Concept Map classifies the property as agricultural. 7. Special Management Area: The property is not within the County of Hawaii's Special Management Area. C. PHYSICAL CHARACTERISTICS AND ENVIRONMENTAL SETTING OF THE PROPERTY AND SURROUNDING AREA Physical Characteristics/Environmental Setting: 8. Description of subject property: The subject property is a narrow rectangular parcel on the makai side of Mamalahoa Highway that gently slopes away from the highway. The applicant's home is located at the mauka portion of the property and is surrounded by various fruit trees and ornamental plants. The balance of the site is overgrown with a number of alien species. Please see the plant list attached to this application. The mean annual rainfall as indicated by An Inventory of Basic Water Resources Data: Island of Hawaii is 85.23 inches 9. Lava Hazard Zone: The United States Department of the Interior/ Geologic Survey designates this area on a descending scale of risk I to 9 as Zone 4. "About 5 % of this area was covered by lava since 1800 and less than 15% of this area has been covered by lava in the last 750 years." 10. Distance from coastline: The subject property is approximately four miles east of the coastline at Kailua Bay. 11. Agricultural Lands of Importance in the State of Hawaii (ALSSH) designation: This property is not classified by the ALISH maps. It is not "prime" or "important". 12. II. S.D.A. Natural Resources Conservation Service Report soil type: rKVD- Kona extremely rocky muck, 6 to 20% slopes. This soil is at intermediate elevations on Mauna Loa and Hualalai. Rock outcrops occupy 25 to 50 per cent of the surface. In a representative profile the surface layer is very dark brown muck about 5 inches thick. It is underlain by pahoehoe lava bedrock. The surface layer is slightly acid. Permeability is rapid in the soil, and water moves rapidly through the cracks of the lava. Runoff is medium, and the erosion hazard is slight. Roots are matted over the bedrock or extend a few feet into the cracks. This soil is used mostly for pasture and watershed. Small areas are used for coffee and macadamia nuts. 13. The Land Study Bureau soil rating: C54- "Fair". Soil series Honuaulu and A'a. Depth - deep; texture - moderately fine; color - dark brown, parent material - volcanic ash; stoniness - A'a very stony; drainage - well drained; slopes - 11 to 35% with undulating terrain; clime - moderately humid, cloudy, mean annual rainfall - 60 to 80"; elevation - 1,000 to 2500 feet; machine tillability - very poorly suited; district - North and South Kona; remarks - coffee belt. 14. Flood Insurance Rate Map (FIRM) designation: Zone "X" per the Engineering Division of Public Works. 15. Existing drainage ways or improvements: There is no history of flooding on this parcel and there are no drainage improvements on the site. 16. Air/noisehvater quality: The air quality in the project area is currently affected mostly by emissions from motor vehicles and natural sources. Volcanic emissions of sulfur dioxide convert into particulate sulfate which causes a volcanic haze (vog) to blanket the area, a constant problem in Kona. Noise is generated by motor vehicles on Mamalahoa Highway and residential and agricultural activities on adjacent properties and is very low. The water to the site is provided by the Department of Water Supply and meets all EPA guidelines. Historic Resources: 17. Existing archaeological, cultural or historic sites on National Register or Hawaii Register: There are no known historic, archaeological or cultural features on site. There is no record in either the National or Hawaii Register of any sites on this property. Natural Resources: 18. Existing floraUfaunal resources: The site is presently covered with a variety of alien plant material. There is some landscaping surrounding the house site. Please see the attached plant list for a more thorough discussion of the flora and fauna resources. There are no native or exotic plants on site. This site was completely grubbed previously and is covered by alien species. The site is not known or expected to be a habitat for rare or endangered species. 19. Scenic or coastal resources: The property is located four miles from the coastline and has distant coastline views. The slope of the property will allow ocean views from each of the proposed lots and will not obstruct the present views from Mamalahoa Highway. Social-Economic Characteristics: 20. Social settlement pattern for the area: The population of Kona has grown steadily since 1965 as a result of the expanding visitor industry in West Hawaii, which has a large and growing share f the visitors to the island and consequently the de facto population. At any given time, up to one-fourth of those present in Kona are visitors. The ethnic composition of the North and South Kona Districts at the time of the 1990 U.S. Census was as follows: Caucasian: 54.6 Hawaiian: 18.6 Japanese: 13.6%; Filipino: 8.3%, Other: 5.3%. This distribution illustrates a multicultural community with no distinct minority groups, although the Caucasian population is an expanding majority (Source: U.S. Census Data: Table 6, :1990 Census of Population. General Population Characteristics," 1990 CP-1-13) 21. Economic resources of the area: This area is a rural residential support community. There are many small agricultural activities, but no major commercial farms. The area houses many of the visitor industries workers and provides them and others with opportunities to supplement their incomes with small crops and orchards. 22. Land values: According to a prominent Realtor in the area, vacant I -acre parcels in this area are selling for $120,000. Surrounding lands: 23. Land use: The parcels to the west of the "subject property are vacant and further west are the residential projects along Palani Road. The properties to the north and south are rural-residential properties with homes and small farms and backyard agricultural activities. The property immediately to the east of the subject property is used by Makua Lani Christian School. 24. Zoning: The properties to the west of the site (7-4-04:21,22,23,31, etc.) are zoned A-1 a; the properties to the east of the site (7-4-03:25,27-32, etc.) are zoned A-1 a, the properties to the north of the site (7-4-06: 1, 23, 24, 8, 17, 19, 20, etc.) are zoned A-l a; the properties to the south of the site (7-4- 4:35,36,37, 38, 39) are zoned A-5a. D. PUBLIC FACILITIES AND SERVICES 25. Description of access: The property has direct access onto Mamalahoa Highway. This access point has been used for many years by the applicant to access his present home. It is proposed to be used as the access point for all three lots. Please the configuration on the rezoning exhibit and the site photographs. 26. Availability of Water: Water is available to the site from the Department of Water Supply via a 12" waterline on Mamalahoa Highway. All lots will have frontage on Mamalahoa Highway and their service laterals will be placed at that point. 27. Sewage disposal: The applicant proposes to use individual wastewater treatment systems meeting with the approval of the Department of Health (DOH) for each of the newly created lots. 28. Solid waste: Solid waste is taken to the County's solid waste transfer station in Kealakehe west of the project site. The applicant intends to use this existing transfer station for the new lots created. 29. Police and fire protection: This area is served by a fire station located approximately 4 miles to the west of the site at the intersection of the Queen Kaahumanu Highway and Palani Road. The nearest police station is approximately 5 miles north west of the site at the Kealakehe Police Station. 30. Schools: The project site is located about 2 miles east of the Kealakehe Elementary, Intermediate and High Schools. 31. Parks: There is a County Parks and Recreation gym and park facility located at the Old Airport Park, 4 miles to the west of the subject parcel. 32. Other utilities and services: There is electrical, cable and telephone service on poles along Mamalahoa Highway that presently serves the home on-site and these services can be made available to the additional lots as well. E. ENVIRONMENTAL ASSESSMENT AND ANALYSIS 33. Relationship between local short term uses of environment and maintenance and enhancement of long term productivity: In terms of the relationship between short-term use of man's environment and the maintenance and enhancement of long-term productivity, no short-term exploitation of resources that would entail negative long-term consequences has been identified for the proposed action. 34. Mitigative measures proposed to avoid, minimize, rectify or reduce impact: All construction on the site will comply with all governmental regulatory controls to mitigate noise and dust during the construction period. All structures and infrastructure improvements constructed will comply with all federal, state and county requirements. 35. Alternatives to the proposed development: One alternative to the proposed action would be to leave the balance of the parcel vacant and undeveloped. This would not allow the development of three agricultural lots for diversified agriculture or housing opportunities for the applicant's three daughters' families. It would also not increase the real property tax base as the proposed action would. 36. Irreversible and irretrievable commitments of natural resources that would be involved if proposed action is implemented: The construction of two additional rural-residential units would involve the irreversible and irretrievable commitment of negligible quantities of natural resources. Given the conformance with all established State and County goals, policies and plans; the physical characteristics of the site and surrounding area; the present zoning and uses of the surrounding area; the minimal impact on public facilities and services; the minimal impact on the environment, the applicant requests a favorable consideration of this change of zone application. LIST OF EXHIBITS Agricultural Plan Botanical Survey - Plant List Site Photographs Rezoning Exhibit AGRICULTURAL PLANS In Support of APPLICATION FOR CHANGE OF ZONE Agricultural 5-acres to Family Agricultural I-acre APPLICANT: KENNETH K. LEONG, et al. Tax Map Key: (3) 74-04:33 Agricultural Potential of the Property: The property is in the State Agricultural District and is zoned Agricultural 5-acres by the County. It is classified as Orchards by the General Plan's LUPAG map and it is not identified as Prime or Important Agricultural Lands by the ALISH maps. The soil is only classified as "C" or "Fair" by the Land Study Bureau, the identified uses for this soil type are coffee and macadamia nuts. Please see the discussion of the soil type (Honuaulu Series - C 54) and its uses in the Background and Environmental Report. Historical Uses of the Property: This property has been used for growing a variety of agricultural products over the past few decades by the applicant's family. Coffee, white pineapple, mango, guava, avacado, papaya, peaches, lemons, tangerines, noni and bananas were the primary food products with ti leaves, ginger, heliconia and other ornamentals grown as well. Please see the plant list prepared by Phillip Conley. Because of the applicant's age he has been able to cultivate only about 1.5 acres of the parcel immediately surrounding his home. Please see the site photographs. Proposed Uses of the Property: The applicant and his family propose to continue to grow a variety of fruit trees and food products for their own use and for supplemental income. They propose to expand their banana, white pineapple, coffee and macadamia nut crops. In addition they will do subsistence farming to provide faits and vegetables for their own tables. Socio-economic Impacts of Proposed Uses: The proposed action will allow three families to utilize the subject property for subsistence farming and to supplement the family income by selling some of their agricultural products. The applicant has been able to cultivate only a portion of the property at this time. By creating lots for his daughter's families, the land will be fully cultivated and more productive than it has been. The proposed action will also provide housing opportunities for his daughters and their families as well. The proposed action will perpetuate the agricultural uses of the subject property. PHI LLIP CONLEY BOTANICAL SURVEYS P.O.BOX 2319 KAMUELA, HI. 96743 PH. 808-885-4156 This survey was done for Mooers Enterprises on 6/16/98. The parcel is in Kealakehe Hmsteds plot 33.This plot had been grubbed some years ago and most of the original flora was removed. Therefore the vegetation on the parcel was almost entirely alien. The only animal I saw was a small bird, Zosterops japonica (Japanese white eye). I walked the peripheral borders and made frequent forays to the center of the property where the very dense growth permitted. I found no rare, threatened or endangered species either flora or fauna. COMMON NAME SCIENTIFIC NAME White sapote Casimiro edulis Star apple Chrysopyllum cainito Ape Alocasia macrovrhoiza Mango Mangifera fruticosa Ti Cordyline fluticosa Wai'awi Pasidium catteianum Christmas berry Schinus terebinthifolius Jacaranda Jacaranda mimosifolia Ficus Ficus microphylla Papaya Carica papaya Guava Psidium guajava Lantana Lantana camara Indigo Indigofera suffruticosa Spiny amaranth Amaranthus spinosa Partridge pea Chamaechrista nictians Lilikoa Passifloria edulis Elephant grass Pennisetum purpureum Natal red top Rhynchelytrum repens Cyerus compressus Morning glory Ipomoea congests Avacado Persea americana Banana Musa spp. Croton Codiaeum variegatum Ginger Hedychium flavescins Hedychium coronarium Hala Pandanus odoratissimus Heliconia Ravenala madgascoriensis Impatiens Impatiens spp. COMMON NAME SCIENTIFIC NAME Goosefoot Chenopodium murace Lemon Citrus limon Tangerine Citrus nobilis Noni Morinda citrifolia Peach Pronus persica Persimmon Diospyros kaki Pineapple Ananas comous Plumeria Plumeria acuminata Tomato Lycopers spp. Melon Citrullus vulgaris Tree fern Cibotium glavcum Fern Nephrolepis cordifolia Begger weed Desmodium tortuosum Burmuda grass Cynodon dactylon Kukui nut Aleurites moluccana Ohia Metrosideros collina ssp Portulaca pilosa Blue rat's tail Stachytarpheta urticilolia Periwinkle Vinca roses Palm Veitchia merilli Phill' Conle iologi s SITE PHOTOGRAPHS •Y. View looking west from applicant's home over proposed lots B and C. c View looking west at the end of the paved access into lot B. SITE PHOTOGRAPHS µ Y View on Mamalahoa Highway looldng south at the paved access. i e View from Mamalahoa Highway looldng west down the paved driveway. 4 l 'SCI' V 1 17T e 4 cal E4 ~ ~ _ ds e + O O o iF _ a t O o~ ~ YA Fij ~ ~ o z ow ~ t ~ a k Zz oa o~b p W 3Y Yo zo Z Q- K R + Z O V ai= _ jj Z N o CL m A ~ d o ~w cn c Y R f µe-' w = co `+L Ilr,~; O V _ U 4 ¢ a c 0 Ac ~i Ll o N ti A W W n AW e i 9~ Y r I ~J p { CiE A~ R + ~n [(E(j F'F (t g_ . aa' f~i off' i DEPARTMENT OF WATER SUPPLY COUNTY OF HAWAII S m 25 AUPUNI STREET • HILO, HAWAII 96720 TELEPHONE (809) 961-8660 FAX (808) 961-8657 September 1, 1998 TO: Planning Department FROM: Milton D. Pavao, Manager SUBJECT: CHANGE OF ZONE APPLICATION NO. 98-021 REQUEST: A-5a TO FA-la APPLICANT - KENNETH K. LEONG TAX MAP KEY 7-4-004:033 We have reviewed the subject application for the proposed change of zone and have the following comments. Water can be made available from an existing 8-inch waterline along the Mamalahoa Highway fronting the property. Pursuant to the Department's "Water Commitment Guidelines Policy," a copy of which is being forwarded to the applicant, a water commitment may be issued. Based on the 2 additional units requested in the proposed 3-unit development, the required water commitment deposit is $300.00. Remittance by the applicant of the $300.00 is requested as soon as possible so that a water commitment may be formally issued. The commitment will be in writing with specific conditions and effective dates stated. Please keep in mind that this letter shall not be construed as a water commitment. In other words, unless a water commitment is officially effected. water availability is subject to change depending on the water situation. For the applicant's information, final subdivision approval will be subject to compliance with the following requirements: 1. Construct necessary water system improvements, which shall include, but not be limited to: 9X HISIT C 8333 nil i . Planning Department Page 2 September 1. 1998 a. water mains capable of delivering water at adequate pressure and volume under peak-flow and fire-flow conditions: minimum diameter of mains shall be 6 inches, b. service laterals that will accommodate the appropriately sized meter to each additional lot, c. install a back-flow preventer (reduced pressure type) to each lot, and d. fire hydrants spaced not more than 600 feet apart. Submit construction plans and design calculations prepared by a professional engineer, registered in the State of Hawaii, for review and approval. 2. Remittance of the prevailing facilities charge and capital assessment fee, which are subject to change, of $6,750.00 and $1.000.00, respectively. These are due and payable upon completion of the construction of the water system improvements and prior to final subdivision approval being granted. 3. The appropriate documents shall be submitted, properly prepared and executed, to convey the water system improvements and necessary easements to the Water Commission of the County of Hawaii prior to final subdivision approval being granted. A registered land surveyor shall stamp and certify the metes and bounds description within the conveyance documents. However. prior to water meter services being granted to the development, or any lots within, the conveyance documents shall be accepted by the Water Commission. Should there be any questions, please call our Water Resources and Planning Branch at 961-8660. Milton D. Pavao, P.E. Manager WA:gms copy - Watt.) Mr. Kenneth K. Leong (w/o att.) Mooers Enterprises OCT — 8 - 98 TI-SU r_ zs r .-. . . u ... . . . ..� - - - r DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII HILO, HAWAII DATE September 30. 1986 Meinaranthlill • TO : Planning Director FROM De ent of Public Works Engineering Division SUBJECT: Change of Zone Application (REZ 98-21) Applicant Mr. Kenneth Leong Location: Kealakehe, North Kona, H1 TMK: 7-4-04: 33 We have reviewed the subject application and offer the following comments: Byading 1. Building shall conform to all requirements of code and statutes pertaining to building construction. prainage 2. All development generated runoff shall be disposed of on site and shall not be directed toward any adjacent properties. 3. All grading and grubbing activities shall comply with Chapter 10 of the Hawaii County Code. B2.adWa 4. The driveways must conform to County standards, Including standard details R-38. The sight distance must meet the requirements of the Statewide Design Manual. 5. Vehicular access shall meet with the approval of the Department of Public Works. Ail lots should be accessed from one common access road. Post-Its Fax NOte 7671 . 1114,► EXHIBIT liar=Me. Phone• Fa ll M S%• . � � 'ter - OCT - $3- 933 T H U 14 " G o f H P l a n n i n ++Q v • Memo to Planning Director September 30, 1998 Page 2 6. Roadway frontage equal to half the difference betwn lan.i and the existing ROW width should be dedicated to the County perGeneral If you have any questions please contact Thomas Pack in our Kona office at 3274530. TWP:sls cc: Engineering - Hilo Engineering - Kona Planning -Kona COUNCIL COPY DO NOT REMOVE CHANGE OF ZONE APPLICATION KENNETH K. LEONG, et al. Agricultural 5-Acres (A-5a) to Family Agricultural 1-Acres (FA-la) TMK: (3) 7-4-04:33 A Portion of Lot 1 of the Kealakehe Homesteads, First Series At Kealakehe, North Kona Island and County of Hawaii, State of Hawaii Submitted by: Mooers Enterprises July 20, 1998 COUNTY OF HAWAII PLANNING DEPARTMENT CHANGE OF ZONE APPLICATION (Type or legibly print the requested information) r APPLICANT: Kenneth K. Loons ~i r+•i APPLICANT'S SIGNATURE-: DATE: 71ti/98 ADDRESS:_ P.O. box 4830 Kxilua-Kona, Havaii 46740 LIST APPLICANT'S INTEREST IF NOT OWNER: LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: PHONE:(Bus.) (Res.) 3J8_i.n.. 1 (Fax) LANDOWNER(S); xenneth x. Leong LANDOWNER SIGNATURE(S): f DAZE:/8/ A came an ebovc May be by loner) LANDOWNER(S) ADDRESS: REQUEST: Agricultural 5-acre (A-Sal TO Fnmily ricuicWrel s-,nr. (rn-1al ([sabring zoning) (Propoxd Zoniv TAX MAP KEY: (3) 7-4`04:33 STREET ADDRESS OF PROPERTY: SIZE OF PROPERTY OR AFFECTED AREA(S) TO DE REZONED: 4.201 acres AGENT: Gray rr j~Md .qra_ n.,..y Ltn Lari cam ADDRESS: P.O. box 1101 Kamuela, Hawaii 96743 TELEPNONE:(Ijus.) 885-6839 (Res) A8S-1116 (Fax) 885-1574 Please Indicate to whom otiginal correspondence and topics should be sent. ORIGINAL: Keanerh i.euna COPIES: Gregory R. Monora (See Instructions on Reverse Side) ATTACHMENT Agricultural Rezoning PLANNING DEPARTMENT COUNTY OF HAWAII APPLICATION FOR CHANGE OF ZONE 1. If your request is approved, do you intend to subdivide the subject land in accordance with the approved change of zone? vo. If yes, please answer the rest of question 1 and then to question 3. a. How many acres of the requested area do you intend to subdivide? 4.201 acre; b. Into what lot sizes? 1.35 acres,1.35 acres, I sn res c. If your request is approved, approximately how long after the date of approval do you expect to submit your subdivision plans to the Planning Department for preliminary approval? mnnrYg d. Do you intend to build houses on the newly created lots? Not the applicant The applicanT-Taughte If yes, please answer the following questions: On how many of those lots? 2 At what approximate price range? House Not for sale. Lot Total Approximately how long, after approval of the subdivision, would the first house be available for occupancy? If you intend to subdivide, please submit a preliminary schematic subdivision plan together with your change of zone application form. 2. If you have no firm plans of subdividing the subject area, do you intend to: a. Sell or lease the land to someone who has firm plans? b. Sell or lease the land to someone who has tentative plans? c. Sell or lease the land to someone who has no plans? d. Keep it? e. Other (please state) P.D. 2 5/84 f. If you intend to do either a, b, c, please elaborate on the kind of plans the other party has. Please, also, include in your answer approximately how soon after approval of your rezoning do you expect to transfer the subject land to another party. 3. Do you think that your request and your further plans for the land will alleviate the local housing situation? Yes How? The proposed action will provide housing opportunities for the applicant's three daughters and their families. 4. Are there any buildings on the subject area? Yes If so, what kind? The applicant's home and garage. What do you intend to do with those buildings if your request is approved? The home will remain. 5. Is the subject land currently being used for any agricultural activity? yes If so, please list the kinds of products grown and on how many square feet or acres of land per product. The applicant has a variety of fruit trees and other crops on site for his personal use. Presently there are pineapple, ti leaves, banana and ginger under cultivation. 6. Was your request to allow for the creation of smaller agricultural lots? Yes If so, did your plan include 'the following considerations? a. Commodity to be produced? - Yes What kinds of commodity? b. Suitablility of the proposed lot-size for that commodity? Yes- c. Sufficient farm size to allow reasonable chance of success in commercial agriculture? Yes -2- 4 d. Agricultural leases or other forms of assurance that potential buyers or leases would put the subject area into some form of agricultural use? No Please state the proposed type of arrangement. Please submit your agricultural plans for the subject area and present evidence of consideration of the above requirements together with your request for a change of zone. If you do not intend to subdivide the subject land for some sort of agricultural purpose, please state your other reasons. 7. To your knowledge, has there been any flooding and/or drainage problem on the subject area? 'No If so, please describe the problem. 8. Do you think that the roads leading to the subject area needs improvements? No If so, what kind? Is the road adequate for the proposed traffic volume or load? Yes 9. What sort of governmental assistance and/or improvements do you feel will be needed in the subject area when developed? Yes No a. Schools % b. Roads % c. Sewer % d. Drainage % -3- e Tea No e. Police Protection x f- Fire Protection x g. Recreational Facilities x h, Public Utilities x i. Other x For those checked "yes," planes elaborate what type or kinda of improvamance and/or assistance ere needed. Signature: l /r! QL E~ Address: 683 US W Nyberg Rd. # H104, Tualatin, OR 97062 Telephone (503) 612-4333 Date: 7/12/98 Signature: a amoe St. onolulu, HI 96819 Address: 1 98 Al 4 0- Telephone: (808) 8-4-5256 Date: 7/9/98 Signature: 1,2.a ~ Address: P. 0. Box 4830, Kailua-Kona, HI 96740 Telephone: (808) 329-4041 Date: 7/9/98 Signature: Address: P.O. Dox 4830 Kailus-Kona, H, 96760 Telephone: 329-4041 Dater July 8, 1998 -4ti COUNTY BACKGROUND AND ENVIRONMENTAL REPORT APPLICATION FOR CHANGE OF ZONE Agricultural 5 acres (A-5a) to Family Agricultural 1-acres (FA-la) APPLICANT: Kenneth K. Leong, et al. TAX MAP KEY: (3) 7-4-)4:33 Kealakehe Homesteads, North Kona, Hawaii A. SUBJECT REQUEST 1. Details of Proposed Use/Development: a. Project Description: The subject property is a 4.201 acre parcel on the makai (west) side of the Mamalahoa Highway in Kealakehe Homesteads, North Kona. The parcel is a narrow rectangular shape with slopes of 5-15% from the highway down to the lower portions of the property. The applicant proposes to re-zone and subdivide this parcel into three parcels relatively square in shape and all accessing off of the highway at the existing access point. The applicant's home is presently located on the parcel in the area proposed to be lot 1-A. The site has been grubbed periodically and the applicant has been growing a variety of fruit trees and ornamental plants in the mauka reaches of the property. Please see the plant list attached to this application. b. Statement of objectives and reasons for the request: The applicant recently lost his wife and as part of his estate planning is desiring to create agricultural lots for his children. It is the goal of this petitioner to change the zone of the property to FA-la and give each of his children an opportunity to live in Kona and provide subsistence to their families with gardens and to supplement their income with small agricultural projects such as orchards. c. Number of acres: 4.201 acres are covered by this request. d. Proposed units/lots/floor area of proposed building envelope: The applicant proposes to create three 1.35 acre to 1.50 acre parcels and give them to his daughters as homestead lots. e. Time frame and cost: The applicant is proposing to develop the agricultural lots as soon as the zoning amendment is granted. The required infrastructure is relatively modest as joint access will be utilized and water service will be provided along the highway frontage of the lots. Each new lot will be developed by the daughters in their own time-frame as their financial condition and employment opportunities allow. f. Membership size/number of employees and clientele: These lots will not be marketed, they will be given to the applicants three daughters. g. Parking arrangement: Parking for the lots created will be on each site as required by the Zoning Code. h. Traffic Impacts: The applicant believes that the traffic generated by the proposed two additional agricultural lots will be minimal as one daughter presently lives with the applicant on-site and the two additional lots will be developed over a period of a few years. Traffic generated by these two additional agricultural lots should have a minimal impact on Mamalahoa Highway. i. Other related information: The present access to this site on Mamalahoa Highway has been used by the applicant to access his home for many years. The access is paved with concrete and this access point is located within the area shown as the access for the new lots on the rezoning exhibit. j. Proposed on-site and off-site infrastructure: The applicant does not propose any off-site infrastructure improvements. The access and water system improvements are proposed to be developed to County standards as required by the subdivision code. B. CONFORMANCE WITH STATE AND COUNTY PLANS 2. State Land Use Designation: Agricultural 3. Applicable goals/policies and objectives of the General Plan: The proposed amendments to the zoning ordinance comply with the following goals, policies and objectives of the Economic Element of the General Plan. ECONOMIC GOALS o Provide residents with opportunities to improve their quality of life. o Economic development and improvement shall be in balance with the physical and social environments of the island of Hawaii. o The County of Hawaii shall strive for diversity and stability in its economic system. o The County shall provide an economic environment which allows new, expanded, or improved economic opportunities that are compatible with the County's natural and social environment. POLICIES o The County of Hawaii shall assist the expansion of the agricultural industry, especially diversified agriculture, through the protection of important agricultural lands, capital improvements and other programs, and continued cooperation with appropriate State and Federal agencies. o The County of Hawaii shall strive for an economic climate which provides its residents an opportunity for choice of occupation. o The County of Hawaii's land, water, air, sea, and people shall be considered as essential economic resources for present and future generations and should be protected and enhanced through the use of economic incentives. o The County shall strive for full employment. o The County shall identify and encourage primary industries that are consistent with the social, physical, and economic goals of the residents of the County. The proposed amendments to the zoning ordinance comply with the following goals, policies and objectives of the Land Use Element of the General Plan. LAND USE Through the careful analysis and examination of past and present situations, the following goals, policies, and standards are set forth to physically plan the lands in the County in the best interest of the island's residents. GOALS o Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural, and physical environments of the County. o Protect and encourage the intensive utilization of the County's important agricultural lands. POLICIES o Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. o The county shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. STANDARDS o Zoning requests shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibility with adjacent zoned uses, availability of public services and utilities, access, and public need (1) AGRICULTURE The following goals and policies are intended to address some of the land related problems of agriculture and are to be consistent with and supportive of the overall land use element. GOALS 0 Identify, protect and maintain important agricultural lands on the island of Hawaii. POLICIES o Zoning shall protect and maintain important agricultural lands from urban encroachment. New approaches to preserve important agricultural land shall be implemented by the County. o The County shall assist in the development of basic resources such as water, roads, transportation and distribution facilities for the agricultural industry. o The County shall coordinate and encourage efforts to solve the problems of the agricultural industry in the County of Hawaii. o Rural-style residential-agricultural developments, such as new small-scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations. o The County shall develop subdivision standards which make a distinction between agricultural and urban land uses. 4. General Plan Designation: Orchards - "Those agricultural lands which though rocky in character and content support productive macadamia nuts, papaya, citrus and other similar agricultural products." 5. Zoning: Agricultural 5-acre (A-5a) 6. Community Development Plan: The Kona Regional Plan Land Use Concept Map classifies the property as agricultural. 7. Special Management Area: The property is not within the County of Hawaii's Special Management Area. C. PHYSICAL CHARACTERISTICS AND ENVIRONMENTAL SETTING OF THE PROPERTY AND SURROUNDING AREA Physical Characteristics/Environmental Setting: 8. Description of subject property: The subject property is a narrow rectangular parcel on the makai side of Mamalahoa Highway that gently slopes away from the highway. The applicant's home is located at the mauka portion of the property and is surrounded by various fruit trees and ornamental plants. The balance of the site is overgrown with a number of alien species. Please see the plant list attached to this application. The mean annual rainfall as indicated by An Inventory of Basic Water Resources Data: Island of Hawaii is 85.23 inches. 9. Lava Hazard Zone: The United States Department of the Interior/ Geologic Survey designates this area on a descending scale of risk 1 to 9 as Zone 4. "About 5 % of this area was covered by lava since 1800 and less than 15% of this area has been covered by lava in the last 750 years." 10. Distance from coastline: The subject property is approximately four miles east of the coastline at Kailua Bay. 11. Agricultural Lands of Importance in the State of Hawaii (ALSIH) designation: This property is not classified by the ALISH maps. It is not "prime" or "important". 12. U.S.D.A. Natural Resources Conservation Service Report soil type: rKVD- Kona extremely rocky muck, 6 to 20% slopes. This soil is at intermediate elevations on Mauna Loa and Hualalai. Rock outcrops occupy 25 to 50 per cent of the surface. In a representative profile the surface layer is very dark brown muck about 5 inches thick. It is underlain by pahoehoe lava bedrock. The surface layer is slightly acid. Permeability is rapid in the soil, and water moves rapidly through the cracks of the lava. Runoff is medium, and the erosion hazard is slight. Roots are matted over the bedrock or extend a few feet into the cracks. This soil is used mostly for pasture and watershed. Small areas are used for coffee and macadamia nuts. 13. The Land Study Bureau soil rating: C54-"Fair". Soil series Honuaulu and A'a. Depth - deep; texture - moderately fine; color - dark brown, parent material - volcanic ash; stoniness - A'a very stony; drainage - well drained, slopes - 11 to 35% with undulating terrain; clime - moderately humid, cloudy; mean annual rainfall - 60 to 80"' elevation - 1,000 to 2500 feet, machine tillability - very poorly suited, district - North and South Kona, remarks - coffee belt. 14. Flood Insurance Rate Map (FIRM) designation: Zone "X" per the Engineering Division of Public Works. 15. Existing drainage ways or improvements: There is no history of flooding on this parcel and there are no drainage improvements on the site. 16. Air/noise/water quality: The air quality in the project area is currently affected mostly by emissions from motor vehicles and natural sources. Volcanic emissions of sulfur dioxide convert into particulate sulfate which causes a volcanic haze (vog) to blanket the area, a constant problem in Kona. Noise is generated by motor vehicles on Mamalahoa Highway and residential and agricultural activities on adjacent properties and is very low. The water to the site is provided by the Department of Water Supply and meets all EPA guidelines. Historic Resources: 17. Existing archaeological, cultural or historic sites on National Register or Hawaii Register: There are no known historic, archaeological or cultural features on site. There is no record in either the National or Hawaii Register of any sites on this property. Natural Resources: 18. Existing floral/faunal resources: The site is presently covered with a variety of alien plant material. There is some landscaping surrounding the house site. Please see the attached plant list for a more thorough discussion of the flora and fauna resources. There are no native or exotic plants on site. This site was completely grubbed previously and is covered by alien species. The site is not known or expected to be a habitat for rare or endangered species. 19. Scenic or coastal resources: The property is located four miles from the coastline and has distant coastline views. The slope of the property will allow ocean views from each of the proposed lots and will not obstruct the present views from Mamalahoa Highway. Social-Economic Characteristics: 20. Social settlement pattern for the area: The population of Kona has grown steadily since 1965 as a result of the expanding visitor industry in West Hawaii, which has a large and growing share f the visitors to the island and consequently the de facto population. At any given time, up to one-fourth of those present in Kona are visitors. The ethnic composition of the North and South Kona Districts at the time of the 1990 U.S. Census was as follows: Caucasian: 54.6 Hawaiian: 18.6 Japanese: 13.6%; Filipino: 8.3%; Other: 5.3%. This distribution illustrates a multicultural community with no distinct minority groups, although the Caucasian population is an expanding majority (Source: U.S. Census Data: Table 6, :1990 Census of Population. General Population Characteristics," 1990 CP-I-13) 21. Economic resources of the area: This area is a rural residential support community. There are many small agricultural activities, but no major commercial farms. The area houses many of the visitor industries workers and provides them and others with opportunities to supplement their incomes with small crops and orchards. 22. Land values: According to a prominent Realtor in the area, vacant 1-acre parcels in this area are selling for $120,000. Surrounding lands: 23. Land use: The parcels to the west of the subject property are vacant and further west are the residential projects along Palani Road. The properties to the north and south are rural-residential properties with homes and small farms and backyard agricultural activities. The property immediately to the east of the subject property is used by Makua Lani Christian School. 24. Zoning: The properties to the west of the site (7-4-04:21,22,23,31, etc.) are zoned A-la; the properties to the east of the site (7-4-03:25,27-32, etc.) are zoned A-la; the properties to the north of the site (7-4-06: 1, 23, 24, 8, 17, 19, 20, etc.) are zoned A-1a; the properties to the south of the site (7-4- 4:35,36,37, 38, 39) are zoned A-5a. D. PUBLIC FACILITIES AND SERVICES 25. Description of access: The property has direct access onto Mamalahoa Highway. This access point has been used for many years by the applicant to access his present home. It is proposed to be used as the access point for all three lots. Please the configuration on the rezoning exhibit and the site photographs. 26. Availability of Water: Water is available to the site from the Department of Water Supply via a 12" waterline on Mamalahoa Highway. All lots will have frontage on Mamalahoa Highway and their service laterals will be placed at that point. 27. Sewage disposal: The applicant proposes to use individual wastewater treatment systems meeting with the approval of the Department of Health (DOH) for each of the newly created lots. 28. Solid waste: Solid waste is taken to the County's solid waste transfer station in Kealakehe west of the project site. The applicant intends to use this existing transfer station for the new lots created. 29. Police and fire protection: This area is served by a fire station located approximately 4 miles to the west of the site at the intersection of the Queen Kaahumanu Highway and Palani Road. The nearest police station is approximately 5 miles north west of the site at the Kealakehe Police Station. 30. Schools: The project site is located about 2 miles east of the Kealakehe Elementary, Intermediate and High Schools. 31. Parks: There is a County Parks and Recreation gym and park facility located at the Old Airport Park, 4 miles to the west of the subject parcel. 32. Other utilities and services: There is electrical, cable and telephone service on poles along Mamalahoa Highway that presently serves the home on-site and these services can be made available to the additional lots as well. E. ENVERONMENTAL ASSESSMENT AND ANALYSIS 33. Relationship between local short term uses of environment and maintenance and enhancement of long term productivity: In terms of the relationship between short-term use of man's environment and the maintenance and enhancement of long-term productivity, no short-term exploitation of resources that would entail negative long-term consequences has been identified for the proposed action. 34. Mitigative measures proposed to avoid, minimize, rectify or reduce impact: All construction on the site will comply with all governmental regulatory controls to mitigate noise and dust during the construction period. All structures and infrastructure improvements constructed will comply with all federal, state and county requirements. 35. Alternatives to the proposed development: One alternative to the proposed action would be to leave the balance of the parcel vacant and undeveloped. This would not allow the development of three agricultural lots for diversified agriculture or housing opportunities for the applicant's three daughters' families. It would also not increase the real property tax base as the proposed action would. 36. Irreversible and irretrievable commitments of natural resources that would be involved if proposed action is implemented: The construction of two additional rural-residential units would involve the irreversible and irretrievable commitment of negligible quantities of natural resources. Given the conformance with all established State and County goals, policies and plans; the physical characteristics of the site and surrounding area; the present zoning and uses of the surrounding area, the minimal impact on public facilities and services; the minimal impact on the environment; the applicant requests a favorable consideration of this change of zone application. LIST OF EXHIBITS Agricultural Plan Botanical Survey - Plant List Site Photographs Rezoning Exhibit AGRICULTURAL PLANS In Support of APPLICATION FOR CHANGE OF ZONE Agricultural 5-acres to Family Agricultural I-acre APPLICANT: KENNETH K. LEONG, et al. Tax Map Key: (3) 7-4-04:33 Agricultural Potential of the Property: The property is in the State Agricultural District and is zoned Agricultural 5-acres by the County. It is classified as Orchards by the General Plan's LUPAG map and it is not identified as Prime or Important Agricultural Lands by the ALISH maps. The soil is only classified as "C" or "Fair" by the Land Study Bureau, the identified uses for this soil type are coffee and macadamia nuts. Please see the discussion of the soil type (Honuaulu Series - C 54) and its uses in the Background and Environmental Report. Historical Uses of the Property: This property has been used for growing a variety of agricultural products over the past few decades by the applicant's family. Coffee, white pineapple, mango, guava, avacado, papaya, peaches, lemons, tangerines, noni and bananas were the primary food products with ti leaves, ginger, heliconia and other ornamentals grown as well. Please see the plant list prepared by Phillip Conley. Because of the applicant's age he has been able to cultivate only about 1.5 acres of the parcel immediately surrounding his home. Please see the site photographs. Proposed Uses of the Property: The applicant and his family propose to continue to grow a variety of fruit trees and food products for their own use and for supplemental income. They propose to expand their banana, white pineapple, coffee and macadamia nut crops. In addition they will do subsistence farming to provide fruits and vegetables for their own tables. Socio-economic Impacts of Proposed Uses: The proposed action will allow three families to utilize the subject property for subsistence farming and to supplement the family income by selling some of their agricultural products. The applicant has been able to cultivate only a portion of the property at this time. By creating lots for his daughter's families, the land will be fully cultivated and more productive than it has been. The proposed action will also provide housing opportunities for his daughters and their families as well. The proposed action will perpetuate the agricultural uses of the subject property. J PHILLIP CONLEY BOTANICAL SURVEYS P.O.BOX 2319 KAMUELA, HI. 96743 PH. 808-885-4156 This survey was done for Mooers Enterprises on 6/16/98. The parcel is in Kealakehe Hmsteds plot 333his plot had been grubbed some years ago and most of the original flora was removed. Therefore the vegetation on the parcel was almost entirely alien. The only animal I saw was a small bird, Zosterops japonica (Japanese white eye). I walked the peripheral borders and made frequent forays to the center of the property where the very dense growth permitted. I found no rare, threatened or endangered species either flora or fauna. COMMON NAME SCIENTIFIC NAME White sapote Casimiro edulis Star apple Chrysopyllum cainito Ape Alocasia macrovrhoiza Mango Mangifera fruticosa Ti Cordyline fiuticosa Wai'awi Pasidium catteianum Christmas bevy Schinus terebinthifolius Jacaranda Jacaranda mimosifolia Ficus Ficus microphylla Papaya Carica papaya Guava Psidium guajava Lantana Lantana camara Indigo Indigofera suffruticosa Spiny amaranth Amaranthus spinosa Partridge pea Chamaechrista nictians Lilikoa Passifloria edulis Elephant grass Pennisetum purpureum Natal red top Rhynchelytrum repens Cyerus compressus Morning glory Ipomoea congesta Avacado Persea americana Banana Musa spp. Croton Codiaeum variegatum Ginger Hedychium flavescins Hedychium coronarium Hala Pandanus odoratissimus Heliconia Ravenala madgascoriensis Impatiens Impatiens spp. COMMON NAME SCIENTIFIC NAME Goosefoot Chenopodium murace Lemon Citrus limon Tangerine Citrus nobilis Noni Morinda citrifolia Peach Pronus persica Persimmon Diospyros kaki Pineapple Ananas comous Plumeria Plumeria acuminata Tomato Lycopers spp. Melon Citrullus vulgaris Tree fern Cibotium glavcum Fern Nephrolepis cordifolia Begger weed Desmodium tortuosum Burmuda grass Cynodon dactylon Kukui nut Aleurites moluccana Ohia Metrosideros collina ssp Portulaca pilosa Blue rat's tail Stachytarpheta urticilolia Periwinkle Vinca rosea Palm Veitchia merilli 4s11Conle r - ' • SITE PHOTOGRAPHS 1 _ = ,a �r, k. t - .. - — ""{{ — - .. — _— aW I IF . 2 4, \ , lir View looking west from applicant's home over proposed lots B and C. I C . IL , , ..„.. ,,...4 • , .__ F it '1/4) -,' • )--,r-' V -;,&— ......=,/ _ x ? ate!e'.0' ''' .10E., i- ("ilk , _ of i --:'-' 4.. _ eta't ,4.-A . #_ e View looking west at the end of the paved access into lot B. 4 ' i .t • SITE PHOTOGRAPHS IIj m 4,;i tet:. - s : 'JP, .., .fit P. • '- ..}. • ' .S:R hi. } i' ;�.. �4 v • / _ OV ..—...r — ,-:,„:- ,—-7-:,-1,--"t,--. ,...c. ' -- z:L'--", '......•••••.,3A___, -.7.E.- -4- __ \-;..:-- -:,.-: , Jg i 431i - View on Mamalahoa Highway looking south at the paved access. N f ' \ _ s ' n , 4 .w1 4,0 - - ,. Y . y,� `rte• F'� _�- ,,,,,, '*i - _.,,re g - _ � Li" �. = C y, ,i r nstir — \ 7-- we.e View from Mamalahoa Highway looking west down the paved driveway. 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